You Have Questions About Workers' Comp. We Have Answers.
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What do I do if I get hurt at work?
It is essential after any work-related injury to build a proper foundation under your workers' compensation claim so that you can best protect your workers' compensation rights. Be sure to:
- Make sure your employer knows: It is critical to notify your supervisor and the appropriate department immediately after an accident. Make a written incident report and always ask for a copy.
- Get medical attention from a certified physician: If necessary, go to the emergency room. If that isn't possible, see a doctor as quickly as possible. In Ohio, you have the right to choose your medical provider, but the doctor must be certified by the Ohio Bureau of Workers' Compensation (BWC) and be willing to accept payment through the workers' compensation system.
- Contact witnesses: If your injuries allow, try to get the names of any witnesses who may have been present at the accident site. Include the names of people who provided first aid and other emergency services at the scene. Bring your witness list and report with you when you meet with your workers' compensation lawyer.
Do I need a lawyer to file a workers' compensation claim?
Under Ohio law, you do not require legal representation to file a claim. It is important to know who the players are in every workers' comp claim. Your employer, the workers' comp fund and any third party who may be held liable for damages will have their attorneys fighting to avoid paying you. An individual worker is often up against a series of frustrating roadblocks that a seasoned workers' compensation lawyer can work around efficiently and effectively.
When should I file a workers' compensation claim?
The money benefits you receive for your lost earnings will relate to your wages earned in the year of your injury. In addition, there are typically deadlines for notifying your employer that you intend to file. By waiting to file, you open up your claim to reduced compensation, as well as questions about the severity of your injury. In general, it is a good idea to file a workers' compensation claim for any work-related injury, no matter how small. What appears to be an insignificant injury now may become worse with time. If you wait too long, the BWC can question whether it really is related to a specific job site accident.
Should I settle my workers' compensation claim?
In most workers' compensation cases, you may have an opportunity to consider a lump sum settlement for your injuries. While this is sometimes the right thing to do, and you may be tempted by the large dollar figure, you must be aware of the drawbacks. Once you accept a settlement, you will give up the right to fight for additional money, in the event your injury grows progressively worse. An experienced workers' compensation lawyer will explain the benefits and drawbacks of lump sum payments and other types of compensation.
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